HomeMy WebLinkAbout2017-027-03/21/2017-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY AND THE COLORADO DEPART RESOLUTION 2017-027
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY AND THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE HORSETOOTH ROAD
AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT
WHEREAS, the City Engineering Department completed the Arterial Intersection
Prioritization Study in 2011 which identified the Horsetooth Road and College Avenue
Intersection as requiring needed safety and operational improvements; and
WHEREAS, in order to fund the needed improvements for the Horsetooth Road and
College Avenue Intersection Improvements Project (the "Project"), the City applied for and was
approved for a federally funded Surface Transportation Program grant through the North Front
Range Metropolitan Planning Organization and a Highway Safety Improvement Program grant
through the Colorado Department of Transportation ("CDOT"); and
WHEREAS, the grants are in the amount of$3,368,000 to reimburse the City for certain
costs of the Project; and
WHEREAS, a condition of the grants is that the City provide matching funds in the
amount of $603,361 and such match was previously approved as part of a $1,000,000
appropriation in the 2017-2018 City budget; and
i
WHEREAS, to memorialize and make binding the terms of the grant for the Project, an
Intergovernmental Agreement ("IGA") between the City and CDOT is attached hereto and
incorporated herein as Exhibit "A"; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the City Council has determined that the Project is in the best interests of the
City and that the Mayor be authorized to execute the IGA between the City and CDOT in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
4-
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the Mayor to execute the IGA
between the City and CDOT, substantially in the form attached hereto as Exhibit "A", together
with such modifications and additions as the City Manager, in consultation with the City
Attorney, determines necessary and appropriate to protect the interests of the City or further the
purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
21st day of March, A.D. 2017.
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EXHIBIT A
OLA #: 331001589
Routing #: 17-HA4-XC-00084
State $LAWRK REGION: 4
PROJECT: 20615, US 287 & Horsetooth
Intersection (STU M455-118)
CONTRACT
THIS CONTRACT made this day of 20 , by and between the State of Colorado for the use
and benefit of the Colorado Department of Transportation hereinafter referred to as the State and CITY OF FORT
COLLINS hereinafter referred to as the "Contractor" or the "Local Agency."
RECITALS
1 . Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient
uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number
400, Function: 3020 AND 3301 , GL Acct: 4511000010, WBS Element: 20615 . 10.30 AND 2061 or Cost Center:
R6240-010, (Contract Encumbrance Amount: $0.00.)
2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies.
3 . Pursuant to 43-2- 104. 5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance
and construction of highways that are part of the state (or local agency) highway system.
4. Local Agency anticipates a project for CDOT WILL OVERSEE THE CITY OF FORT COLLINS ON DESIGN
AND CONSTRUCTION AT US 287 AND HORSETOOTH ROAD and by the date of execution of this contract,
the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463
describing the general nature of the Work. The Local Agency understands that before the Work begins, the Local
Agency must receive an official written "Notice to Proceed" prior to commencing any part of the Work. The
Local Agency further understands, before the Work begins, the form #463 may be revised as a result of design
changes made by CDOT, in coordination with the Local Agency, in its internal review process. The Local Agency
desires to perform the Work described in form #463, as it may be revised.
5. The Local Agency has requested that State funds be made available for project 20615US 287 & Horsetooth
Intersection (STU M455- 118) referred to as the "Project" or the "Work." Such Work will be performed in FORT
COLLINS, Colorado, specifically described in Exhibit A.
6. The State has funds available and desires to provide 100% of the funding for the work.
7 . The Local Agency desires to comply with all state and other applicable requirements, including the State's general
administration of the project through this contract, in order to obtain state funds for the project.
8 . The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives
of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the
work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B.
9. This contract is executed under the authority of § § 29- 1 -203, 43- 1 - 110; 43 - 1 - 116, 43-2- 101 (4)(c) and 43-2- 144,
C.R.S. and Exhibit B.
10. The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily complete some or all
of the Work.
11 . The Local Agency can more advantageously perform the Work.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The Project or the Work under this contract shall consist of CDOT WILL OVERSEE THE CITY OF FORT COLLINS
ON DESIGN AND CONSTRUCTION AT US 287 AND HORSETOOTH ROAD, in FORT COLLINS, Colorado, as
more specifically described in Exhibit A.
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall
be resolved by reference to the documents in the following order of priority:
1 . Special Provisions contained in section 26 of this contract
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2. This contract
3 . Exhibit A (Scope of Work)
4. Other Exhibits in descending order of their attachment.
Section 3. Term
This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is
later. The term of this contract shall continue through the completion and final acceptance of the Project by the State,
FHWA and the Local Agency.
Section 4. Project Funding Provisions
A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work,
as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives
of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the
work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as
Exhibit B.
B . The Local Agency has estimated the total cost of the work to be $3,971,361 , which is to be funded as follows :
State funds: $3,368,000.00
Local funds: $603,361.00
C. The maximum amount payable to the Local Agency under this contract shall be $3,368,000.00, unless such
amount is increased by an appropriate written modification to this contract executed before any increased cost is
incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is
the best estimate available, based on the design data as approved at the time of execution of this contract, and that
such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties
prior to bid and award.
D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being
made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed
upon herein, the contract may be terminated by either party, provided that any party terminating its interest and
obligations herein shall not be relieved of any obligations which existed prior to the effective date of such
termination or which may occur as a result of such termination.
Section 5. Project Payment Provisions
A. The State will reimburse the Local Agency for incurred costs relative to the project following the State' s review
and approval of such charges, subject to the terms and conditions of this Contract. Provided however, that charges
incurred by the Local Agency prior to the date this contract is executed by the State Controller will not be charged
by the Local Agency to the project, and will not be reimbursed by the State.
B . The State will reimburse the Local Agency' s reasonable, allocable, allowable costs of Performance of the Work,
not exceeding the maximum total amount described in Section 4. The applicable principles described in 49 C.F.R.
18 Subpart C and 49 C.F.R. 18 .22 shall govern the allowability and allocability of costs under this contract. The
Local Agency shall comply with all such principles. To be eligible for reimbursement, costs by the Local Agency
shall be:
1 . In accordance with the provisions of Section 4 and with the terms and conditions of this contract;
2. Necessary for the accomplishment of the Work;
3 . Reasonable in the amount for the goods and services provided;
4. Actual net cost to the Local Agency (i.e. the price paid minus any refunds, rebates, or other items of value
received by the Local Agency that have the effect of reducing the cost actually incurred);
5 . Incurred for Work performed after the effective date of this contract;
6. Satisfactorily documented.
C. The Local Agency shall establish and maintain a proper accounting system in accordance with generally accepted
accounting standards (a separate set of accounts, or as a separate and integral part of its current accounting
scheme) to assure that project funds are expended and costs accounted for in a manner consistent with this contract
and project objectives.
1 . All allowable costs charged to the project, including any approved services contributed by the Local Agency
or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in detail the nature of the charges.
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2. Any check or order drawn up by the Local Agency, including any item which is or will be chargeable against
the project account shall be drawn up only in accordance with a properly signed voucher then on file in the
office of the Local Agency, which will detail the purpose for which said check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders or other accounting documents shall be clearly identified,
readily accessible, and to the extent feasible, kept separate and apart from all other such documents.
D. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows:
1 . Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later
than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60
days of demand or within such other period as may be agreed between the parties hereto, the Local Agency
agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future
apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to
the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway
Supplementary Fund (400).
2. If the Local Agency fails to make timely payment to the State as required by this section (within 60 days
after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month
on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The
interest shall accrue for the period from the required payment date to the date on which payment is made.
E. The Local Agency will prepare and submit to the State, no more than monthly, charges for costs incurred relative
to the project. The Local Agency' s invoices shall include a description of the amounts of services performed, the
dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared
in accordance with the State ' s standard policies, procedures and standardized billing format to be supplied by the
State.
F. To be eligible for payment, billings must be received within 60 days after the period for which payment is being
requested and final billings on this contract must be received by the State within 60 days after the end of the
contract term.
1 . Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services. The liability of the State, at any time, for such
payments shall be limited to the amount remaining of such encumbered funds.
2 . In the event this contract is terminated, final payment to the Local Agency may be withheld at the discretion
of the State until completion of final audit.
3 . Incorrect payments to the Local Agency due to omission, error, fraud or defalcation shall be recovered from
the Local Agency by deduction from subsequent payment under this contract or other contracts between the
State and Local Agency, or by the State as a debt due to the State.
4. Any costs incurred by the Local Agency that are not allowable under 49 C.F.R. 18 shall be reimbursed by
the Local Agency, or offset against current obligations due by the State to the Local Agency, at the State' s
election.
Section 6. State and Local Agency Commitments
The Local Agency Contract Administration Checklist in Exhibit C describes the Work to be performed and assigns
responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract
means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit C.
A. Design [if applicable]
1 . If the Work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or
special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply
with the following requirements, as applicable:
a. perform or provide the Plans, to the extent required by the nature of the Work.
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the
American Association of State Highway Transportation Officials (AASHTO) manual or other standard,
such as the Uniform Building Code, as approved by CDOT.
c. prepare special provisions and estimates in accord with the State' s Roadway and Bridge Design Manuals
and Standard Specifications for Road and Bridge Construction or Local Agency specifications if
approved by CDOT.
d. include details of any required detours in the Plans, in order to prevent any interference of the
construction work and to protect the traveling public.
e. stamp the Plans produced by a Colorado Registered Professional Engineer.
f. provide final assembly of Plans and contract documents.
g. be responsible for the Plans being accurate and complete.\
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h. make no further changes in the Plans following the award of the construction contract except by
agreement in writing between the parties. The Plans shall be considered final when approved and
accepted by the parties hereto, and when final they shall be deemed incorporated herein.
2 . If the Local Agency is the responsible party:
a. The local agency shall comply with the requirements of the Americans With Disabilities Act (ADA),
and applicable federal regulations and standards as contained in the document "ADA Accessibility
Requirements in CDOT Transportation Projects".
b. It shall afford the State ample opportunity to review the Plans and make any changes in the Plans that
are directed by the State to comply with FHWA requirements.
c. It may enter into a contract with a consultant to do all or any portion of the Plans and/or of construction
administration. Provided, however, that if federal-aid funds are involved in the cost of such work to be
done by a consultant, that consultant contract (and the performance/provision of the Plans under the
contract) must comply with all applicable requirements of 23 CFR Part 172 and with any procedures
implementing those requirements as provided by the State. If the Local Agency does enter into a contract
with a consultant for the Work:
( 1 ) it shall submit a certification that procurement of any design consultant contract complied with the
requirements of 23 CFR 172.5( 1 ) prior to entering into contract. The State shall either approve or
deny such procurement. If denied, the Local Agency may not enter into the contract.
(2) it shall ensure that all changes in the consultant contract have prior approval by the State and FHWA.
Such changes in the contract shall be by written supplement agreement. As soon as the contract
with the consultant has been awarded by the Local Agency, one copy of the executed contract shall
be submitted to the State. Any amendments to such contract shall also be submitted.
(3) it shall require that all consultant billings under that contract shall comply with the State ' s
standardized billing format. Examples of the billing formats are available from the CDOT
Agreements Office.
(4) it (or its consultant) shall use the CDOT procedures to administer that design consultant subcontract,
to comply with 23 CFR 172 .5(b) .
(5) it may expedite any CDOT approval of its procurement process and/or consultant contract by
submitting a letter to CDOT from the certifying Local Agency' s attorney/authorized representative
certifying compliance with 23 CFR 172 .5(b).
(6) it shall ensure that its consultant contract complies with the requirements of 49 CFR 18 .36(i) and
contains the following language verbatim:
(a) "The design work under this contract shall be compatible with the requirements of the contract
between the Local Agency and the State (which is incorporated herein by this reference) for the
design/construction of the project. The State is an intended third party beneficiary of this
contract for that purpose."
(b) "Upon advertisement of the project work for construction, the consultant shall make available
services as requested by the State to assist the State in the evaluation of construction and the
resolution of construction problems that may arise during the construction of the project."
(c) "The consultant shall review the construction contractor' s shop drawings for conformance with
the contract documents and compliance with the provisions of the State' s publication, Standard
Specifications for Road and Bridge Construction, in connection with this work."
(d) The State, in its discretion, will review construction plans, special provisions and estimates and
will cause the Local Agency to make changes therein that the State determines are necessary to
assure compliance with State and FHWA requirements.
B . Construction [if applicable]
1 . If the Work includes construction, the responsible party shall perform the construction in accordance with
the approved design plans and/or administer the construction all in accord with the Local Agency Contract
Administration Checklist. Such administration shall include project inspection and testing; approving
sources of materials; performing required plant and shop inspections; documentation of contract payments,
testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing
the funding for contract modification orders and minor contract revisions; processing contractor claims;
construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship
Agreement, as described in the Local Agency Contract Administration Checklist.
2 . The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to
the Local Agency, due to the failure of the Local Agency or its contractor to correct project conditions which
are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for
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conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed
by the State to be in the public interest.
3 . If the Local Agency is the responsible party:
a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Local Agency
Project Engineer (LAPE), to perform that administration. The LAPE shall administer the project in
accordance with this contract, the requirements of the construction contract and applicable State
procedures.
b. if bids are to be let for the construction of the project, it shall advertise the call for bids upon approval
by the State and award the construction contract(s) to the low responsible bidder(s) upon approval by
the State.
( 1 ) The Local Agency has the option to accept or reject the proposal of the apparent low bidder for work
on which competitive bids have been received. The Local Agency must declare the acceptance or
rejection within 3 working days after said bids are publicly opened.
(2) By indicating its concurrence in such award, the Local Agency, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability and
appropriation for that purpose, if required to complete the Work under this project if no additional
federal-aid funds will be made available for the project. This paragraph also applies to projects
advertised and awarded by the State.
c. If all or part of the construction work is to be accomplished by Local Agency personnel (i.e. by force
account), rather than by a competitive bidding process, the Local Agency will ensure that all such force
account work is accomplished in accordance with the pertinent State specifications and requirements
with 23 CFR 635, Subpart B, Force Account Construction.
( 1 ) Such work will normally be based upon estimated quantities and firm unit prices agreed to between
the Local Agency, the State and FHWA in advance of the Work, as provided for in 23 CFR
635 .204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to
be performed.
(2) An alternative to the above is that the Local Agency may agree to participate in the Work based on
actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the
Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with
48 CFR Part 31 .
(3) Rental rates for publicly owned equipment will be determined in accordance with the State' s
Standard Specifications for Road and Bridge Construction § 109.04.
(4) All force account work shall have prior approval of the State and/or FHWA and shall not be initiated
until the State has issued a written notice to proceed.
C. State' s obligations
1 . The State will perform a final project inspection prior to project acceptance as a Quality Control/Assurance
activity. When all Work has been satisfactorily completed, the State will sign a final acceptance form.
2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be liable or
responsible in any manner for the structural design, details or construction of any major structures that are
designed by or are the responsibility of the Local Agency as identified in the Local Agency Contract
Administration Checklist, Exhibit C. within the Work of this contract.
Section 7. ROW Acquisition and Relocation
If the Project includes right of way, prior to this project being advertised for bids, the Responsible Party will certify
in writing to the State that all right of way has been acquired in accordance with the applicable state and federal
regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with: all applicable federal and state statutes and regulations,
including but not limited to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as
amended (P.L. 91 -646) and the Uniform Relocation Assistance and Real Property Acquisition Policies for Federal
and Federally Assisted Programs as amended (49 CFR Part 24); CDOT ' s Right of Way Manual; and CDOT ' s Policy
and Procedural Directives.
Allocation of Responsibilities are as follows:
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) activities, if any, and
right of way incidentals (expenses incidental to acquisition/relocation of right of way — 3114 charges);
• Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in
incidental expenses (3114 charges); or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses).
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Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the
State' s responsibilities for each option is specifically set forth in CDOT ' s Right of Way Manual. The manual is located
at http://www.dot.state.co.us/ROW_Manual/.
If right of way is purchased for a state highway, including areas of influence of the state highway, the local agency
shall immediately convey title to such right of way to CDOT after the local agency obtains title.
Section 8. Utilities
If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility
company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible
Party will certify in writing to the State that all such clearances have been obtained.
Section 9. Railroads
In the event the Project involves modification of a railroad company' s facilities whereby the Work is to be
accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed with
that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning
federal-aid projects involving railroad facilities, including:
A. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs
of the improvement shall be eligible for federal participation.
B . Obtaining the railroad' s detailed estimate of the cost of the Work.
C. Establishing future maintenance responsibilities for the proposed installation.
D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination
of a grade crossing.
E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to
the installation.
Section 10. Environmental Obligations
The Local Agency shall perform all Work in accordance with the requirements of the current federal and state
environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable.
Section 11. Maintenance Obligations
The Local Agency will maintain and operate the improvements constructed under this contract at its own cost and
expense during their useful life, in a manner satisfactory to the State and FHWA. The Local Agency will make proper
provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in
accordance with all applicable statutes, ordinances and regulations which define the Local Agency' s obligations to
maintain such improvements. The State and FHWA will make periodic inspections of the project to verify that such
improvements are being adequately maintained.
Section 12. Record Keeping
The Local Agency shall maintain a complete file of all records, documents, communications, and other written
materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for
a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later,
or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall
make such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State and FHWA to inspect the project and to inspect, review and audit the project records.
Section 13. Termination Provisions
This contract may be terminated as follows :
A. Termination for Convenience. The State may terminate this contract at any time the State determines that the
purposes of the distribution of moneys under the contract would no longer be served by completion of the project.
The State shall effect such termination by giving written notice of termination to the Local Agency and specifying
the effective date thereof, at least twenty (20) days before the effective date of such termination.
B . Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner,
its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or
stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving
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written notice to the Local Agency of its intent to terminate and at least ten ( 10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material
prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the
Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered
and accepted. The Local Agency shall be obligated to return any payments advanced under the provisions of this
contract.
Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages
sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold
payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of
damages due to the State from the Local Agency is determined.
If after such termination it is determined, for any reason, that the Local Agency was not in default or that the
Local Agency's action/inaction was excusable, such termination shall be treated as a termination for convenience,
and the rights and obligations of the parties shall be the same as if the contract had been terminated for
convenience, as described herein.
C. Termination Due to Loss of Funding. The parties hereto expressly recognize that the Local Agency is to be paid,
reimbursed, or otherwise compensated with federal and/or State funds which are available to the State for the
purposes of contracting for the Project provided for herein, and therefore, the Local Agency expressly understands
and agrees that all its rights, demands and claims to compensation arising under this contract are contingent upon
availability of such funds to the State. In the event that such funds or any part thereof are not available to the
State, the State may immediately terminate or amend this contract.
Section 14. Legal Authority
The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all
actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize
its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing
this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract.
Section 15. Representatives and Notice
Each individual identified below is the principal representative of the designating Party. All notices required to be
given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party' s
principal representative at the address set forth below. In addition to but not in lieu of a hard-copy notice, notice also
may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate
by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein,
all notices shall be effective upon receipt.
If to State If to the Local Agency
CDOT Region:
Jake Schuch Tim Kemp
Project Manager Engineering Capital Projects
10601 W. 10th St. 281 N. College Ave
Greeley, CO 80634 FORT COLLINS, CO 80524
970-350-2205 970-416-2719
Section 16. Successors
Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns.
Section 17. Third Party Beneficiaries
It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights
of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained
in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency
receiving services or benefits under this contract shall be deemed an incidental beneficiary only.
Section 18. Governmental Immunity
Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other
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provisions of the Colorado Governmental Immunity Act, § 24- 10- 101 , et seq., C.R.S. , as now or hereafter amended.
The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence
of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and
limited by the provisions of § 24- 10- 101 , et seq., C.R. S ., as now or hereafter amended and the risk management
statutes, § § 24-30- 1501 , et seq., C.R.S. , as now or hereafter amended.
Section 19. Severability
To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished
within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be
declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof.
Section 20. Waiver
The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a
waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 21. Entire Understanding
This contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless
embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall
have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules.
Section 22. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this
contract and the exhibits and attachments hereto which may require continued performance, compliance or effect
beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State
as provided herein in the event of such failure to perform or comply by the Local Agency.
Section 23. Modification and Amendment
This contract is subject to such modifications as may be required by changes in federal or State law, or their
implementing regulations. Any such required modification shall automatically be incorporated into and be part of this
contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification
of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is
properly executed and approved in accordance with applicable law.
Section 24. Disputes
Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract
which is not disposed of by agreement will be decided by the Chief Engineer of the Department of Transportation.
The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt
of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal
addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding
under this clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of
its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the
performance of the contract in accordance with the Chief Engineer' s decision. The decision of the Executive Director
or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as
final agency action. This dispute clause does not preclude consideration of questions of law in connection with
decisions provided for herein. Nothing in this contract, however, shall be construed as making final the decision of
any administrative official, representative, or board on a question of law.
Section 25. Statewide Contract Management System
If the maximum amount payable to Contractor under this Contract is $ 100,000 or greater, either on the Effective Date
or at anytime thereafter, this §Statewide Contract Management System applies. Contractor agrees to be governed,
and to abide, by the provisions of CRS §24- 102-205 , §24- 102-2069 §24- 103 -6019 §24- 103 . 5- 101 and §24- 105- 102
concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information
in a statewide contract management system.
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Contractor' s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of
this Contract, State law, including CRS §24- 103 . 5 - 101 , and State Fiscal Rules, Policies and Guidance. Evaluation and
Review of Contractor' s performance shall be part of the normal contract administration process and Contractor's
performance will be systematically recorded in the statewide Contract Management System. Areas of Evaluation and
Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the
performance of Contractor' s obligations under this Contract shall be determined by the specific requirements of such
obligations and shall include factors tailored to match the requirements of Contractor' s obligations. Such performance
information shall be entered into the statewide Contract Management System at intervals established herein and a final
Evaluation, Review and Rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be
notified following each performance Evaluation and Review, and shall address or correct any identified problem in a
timely manner and maintain work progress.
hould the final performance Evaluation and Review determine that Contractor demonstrated a gross failure to meet
the performance measures established hereunder, the Executive Director of the Colorado Department of Personnel
and Administration (Executive Director), upon request by the Department of Transportaion , and showing of good
cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the
final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction
of the evaluation (CRS §24- 105- 102(6)), or (b) under CRS §24- 105- 102(6), exercising the debarment protest and
appeal rights provided in CRS § §24- 109- 106, 107, 201 or 202, which may result in the reversal of the debarment and
reinstatement of Contractor, by the Executive Director, upon showing of good cause.
Section 26. Special Provisions.
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been approved
by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado
Governmental Immunity Act, CRS §24- 10- 101 et seq. , or the Federal Tort Claims Act, 28 U. S.C. § § 1346(b) and 2671
et seq. , as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor
and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent
or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or
workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage
for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor
and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall
pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this
contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or
understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof
when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules,
and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference
which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by
reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or
enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision
rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the
extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall
be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00 . State or other public funds
payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in
violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that,
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during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems
and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without
limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable
licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any
interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor' s services
and Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental agreements]
Subject to CRS §24-30-202.4 (3 .5), the State Controller may withhold payment under the State' s vendor offset
intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b)
unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21 - 101 , et seq. ; (c) unpaid loans due
to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency
determination or judicial action.
11, PUBLIC CONTRACTS FOR SERVICES. CRS §8-17, 5-101. [Not Applicable to agreements relating to the
offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects,
intergovernmental agreements, or information technology services or products and services] Contractor certifies,
warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this contract, through participation in the E- Verify Program or the Department
program establishedpursuant to CRS §8-17. 5-102(5)(c), Contractor shall not knowingly employ or contract with an
illegal alien to per work under this contract or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this contract. Contractor (a) shall not use E- Verb Program or Department program procedures to undertake pre-
employment screening ofjob applicants while this contract is being performed, (b) shall notes the subcontractor and
the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing
or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor
does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17. 5-102(5),
by the Colorado Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a
written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and
shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any
requirement of this provision or CRS §8-17. 5-101 et seq. , the contracting State agency, institution of higher education
or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for
damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person
eighteen ( 18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen
or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS
§24-76.5- 101 et seq., and (c) has produced one form of identification required by CRS §24 -76.5 - 103 prior to the
effective date of this contract.
Revised 1-1-09
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Section 27. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The
Local Agency' s behalf and acknowledge that the State is relying on their representations to that effect.
THE LOCAL AGENCY STATE OF COLORADO
MY OF FORT COLLINS John W. Hickenlooper
Department of Transportation
By:
Title: By
Joshua. Laipply, P.E. , Chief Engineer
(For) Shailen P. Bhatt, Executive Director
*Signature
Date:
Date :
2nd Local Agency Signature if needed STATE OF COLORADO
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
Name :
(print name) By
Title : Signature — Assistant Attorney General
(print title)
Date:
* Signature
Date:
ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until
signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance
until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The
Local Agency for such performance or for any goods and/or services provided hereunder.
STATE OF COLORADO
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Colorado Department of Transportation
Date :
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EXHIBIT A SCOPE OF WORK
Scope of Work
The Colorado Department of Transportation (#CDOT#) will oversee the City of Fort Collins (#City#) when the City
designs and constructs the following: intersection improvements including dual left turns for northbound and
southbound traffic, traffic signal improvements and restriping at US 287 and Horsetooth Road (#work#) . CDOT and
the City believe it will be beneficial to perform this work to improve safety and performance of the intersection.
This work will be located on US 287 (College Avenue) and Horsetooth Road.
This work will conform to all standards of AASHTO, Americans with Disabilities Act (ADA), MUTCD, and all
applicable state and federal regulations. The design phase will identify more exact requirements, qualities, and
attributes for this work (Herein after referred to as #the exact work#). The exact work shall be used to construct
designed improvements. The design phase will begin in 2017 and the construction phase is anticipated to begin
shortly thereafter.
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EXIIIBIT B
LOCAL AGENCY
ORDINANCE
or
RESOLUTION
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Exhibit C Routing #: 17-HA4-XC-00084
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a
project approved for Federal funding have been addressed and a responsible party
assigned for each task .
After a project has been approved for Federal funding in the Statewide Transportation
Improvement Program , the Colorado Department of Transportation ( CDOT ) Project
Manager , Local Agency project manager , and CDOT Resident Engineer prepare the
checklist . It becomes a part of the contractual agreement between the Local Agency
and CDOT . The CDOT Agreements Unit will not process a Local Agency agreement
without this completed checklist . It will be reviewed at the Final Office Review meeting
to ensure that all parties remain in agreement as to who is responsible for performing
individual tasks .
xv
COLORADO DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST
Project No . STIP No . Project Code Region
STU M455- 118 SNF5788 . 039 20615
04
Project Location Date
US 287 & Horsetooth Intersection 6/5/2015
Project Description
US 287 and Horsetooth Intersection Improvements
Local Agency Local Agency Project Manager
City of Fort Collins Tim Kemp
CDOT Resident Engineer CDOT Project Manager
Katrina Kloberdanz Jake Schuch
INSTRUCTIONS :
This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this agreement.
The checklist becomes an attachment to the Local Agency agreement. Section numbers correspond to the applicable chapters
of the CDOT Local Agency Manual.
The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks. The "X" denotes the
party responsible for initiating and executing the task. When neither CDOT nor the Local Agency is responsible for a task, not
applicable (NA) shall be noted . In addition , a "#" will denote that CDOT must concur or approve.
Tasks that will be performed by Headquarters staff will be indicated . The Regions, in accordance with established policies and
procedures, will determine who will perform all other tasks that are the responsibility of CDOT.
The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager, in cooperation with the Local
Agency Project Manager, and submitted to the Region Program Engineer. If contract administration responsibilities change, the
CDOT Resident Engineer, in cooperation with the Local Agency Project Manager, will prepare and distribute a revised checklist .
RESPONSIBLE
NO , DESCRIPTION OF TASK PARTY
LA CDOT
TIP / STIP AND LONG -RANGE PLANS
2- 1 1 Review Project to ensure consistency with STIP and amendments thereto X
FEDERAL FUNDING OBLIGATION AND AUTHORIZATION
4- 1 Authorize funding by phases (CDOT Form 418 - Federal-aid Program Data. Requires FHWA X
concurrence/involvement)
PROJECT DEVELOPMENT
5- 1 Prepare Design Data - CDOT Form 463 X X
5-2 Prepare Local Agency/CDOT Inter-Governmental Agreement see also Chapter 3 X
5-3 Conduct Consultant Selection/Execute Consultant Agreement X
5-4 Conduct Design Scoping Review meeting X X
5-5 Conduct Public Involvement X
5-6 Conduct Field Inspection Review FIR X
5-7 Conduct Environmental Processes (may require FHWA concurrence/involvement) X #
5-8 Acquire Right-of-Way (may require FHWA concurrence/involvement) X
5-9 Obtain Utility and Railroad Agreements X
5- 10 Conduct Final Office Review FOR X
5- 11 Justify Force Account Work by the Local Agency X #
5- 12 Justify Proprietary, Sole Source, or Local Agency Furnished items X #
5- 13 Document Design Exceptions - CDOT Form 464 X #
5- 14 Prepare Plans, Specifications and Construction Cost Estimates X #
5- 15 Ensure Authorization of Funds for Construction X
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RESPONSIBLE
NO , DESCRIPTION OF TASK PARTY
LA CDOT
PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE
6- 1 Set Disadvantaged Business Enterprise ( BDE) Goals for Consultant and Construction X
Contracts (CDOT Region EEO/Civil Rights Specialist)
6-2 Determine Applicability of Davis-Bacon Act
This project ❑ is ❑ is not exempt from Davis-Bacon requirements as determined by the X
functional classification of the project location ( Projects located on local roads and rural
minor collectors may be exempt . )
Katrina Kloberdanz 2/1 /2017
CDOT Resident En ineer Si nature on File Date
6-3 Set On-the-Job Training Goals. Goal is zero if total construction is less than $ 1 million (CDOT X
Region EEO/Civil Rights Specialist)
6-4 Title VI Assurances X
Ensure the correct Federal Wage Decision , all required Disadvantaged Business
Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the X
Contract (CDOT Resident Engineer)
ADVERTISE, BID AND AWARD
7- 1 Obtain Approval for Advertisement Period of Less Than Three Weeks X
7-2 Advertise for Bids X
7-3 Distribute "Advertisement Set' of Plans and Specifications X
7-4 Review Worksite and Plan Details with Prospective Bidders While Project is Under X
Advertisement
7-5 Open Bids X
7-6 Process Bids for Compliance X
Check CDOT Form 1415 - Certificate of Proposed DBE Participation when the low bidder
meets DBE goals X
Evaluate CDOT Form 1416 - DBE Good Faith Effort Documentation and determine if the
Contractor has made a good faith effort when the low bidder does not meet DBE goals X
Submit required documentation for CDOT award concurrence X
7-7 Concurrence from CDOT to Award X
7-8 Approve Rejection of Low Bidder X
7-9 Award Contract X
7- 10 Provide "Award" and " Record" Sets of Plans and Specifications X
CONSTRUCTION MANAGEMENT
8- 1 Issue Notice to Proceed to the Contractor X
8-2 Project Safety X
8-3 Conduct Conferences:
Pre-construction Conference (Appendix B) X
Presurvey
• Construction staking X
• Monumentation X
Partnering (Optional) X
Structural Concrete Pre-Pour (Agenda is in CDOT Construction Manual) X
Concrete Pavement Pre-Paving (Agenda is in CDOT Construction Manual) X
HMA Pre-Paving (Agenda is in CDOT Construction Manual X
8-4 Develop and distribute Public Notice of Planned Construction to media and local residents X
8-5 Supervise Construction
A Professional Engineer (PE) registered in Colorado , who will be "in responsible charge of
construction supervision ."
Tim Kemp 970-416-2719 X
Local Agency Professional Engineer or Phone number
CDOT Resident Engineer
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RESPONSIBLE
NO , DESCRIPTION OF TASK PARTY
LA CDOT
Provide competent , experienced staff who will ensure the Contract work is constructed in X X
accordance with the plans andspecifications
Construction inspection and documentation X
8-6 Approve ShopDrawings X
8-7 Perform Traffic Control inspections X
8-8 Perform Construction Surveying X
8-9 Monument Right-of-Way X
8- 10 Prepare and Approve Interim and Final Contractor Pay Estimates X
Provide the name and phone number of the person authorized for this task .
Tim Kemp 970-416-2719
Local Agency Representative Phone number
8- 11 Prepare and Approve Interim and Final Utilit /Railroad Billings X
8- 12 Prepare Local Agency Reimbursement Requests X
8- 13 Prepare and Authorize Change Orders X #
8- 14 Approve All Change Orders X
8- 15 Monitor Project Financial Status X
8- 16 Prepare and Submit Monthly Progress Reports X
8- 17 Resolve Contractor Claims and Disputes X
8- 18 Conduct Routine and Random Project Reviews
Provide the name and phone number of the person responsible for this task. X
Katrina Kloberdanz 970-350-2211
CDOT Resident Engineer Phone number
MATERIALS
9- 1 Conduct Materials Preconstruction Meeting X
9-2 Complete CDOT Form 250 - Materials Documentation Record
• Generate form , which includes determining the minimum number of required tests and X
applicable material submittals for all materials placed on the project
• Update the form as work progresses X
• Complete and distribute form after work is completed X
9-3 Perform Project Acceptance Samples and Tests X
9-4 Perform Laboratory Verification Tests X
9-5 Accept Manufactured Products X
Inspection of structural components :
• Fabrication of structural steel and pre-stressed concrete structural components X
• Bridge modular expansion devices (0" to 6° or greater) X
• Fabrication of bearing devices X
9-6 Approve Sources of Materials X
9-7 Independent Assurance Testing ( IAT) , Local Agency Procedures ❑ CDOT Procedures El
• Generate IAT schedule X
• Schedule and provide notification X
• Conduct IAT X
9-8 Approve Mix Designs
• Concrete X
• Hot Mix Asphalt X
9-9 Check Final Materials Documentation X
9- 10 Complete and Distribute Final Materials Documentation X
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CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE
10- 1 Fulfill Project Bulletin Board and Pre-construction Packet Requirements X
10-2 Process CDOT Form 205b - Sublet Permit Application X
Review and sign completed CDOT Form 205 for each subcontractor, and submit to
EEO/Civil Rights Specialist
10-3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee X
Interviews . Complete CDOT Form 280
10-4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the X
"Commercially Useful Function" requirements
10-5 Conduct Interviews When Project Utilizes On-the-Job Trainees . Complete CDOT Form 200 - X
OJT Training Questionnaire
10-6 Check Certified Payrolls (Contact the Region EEO/Civil Rights Specialists for training requirements.) X
10-7 Submit FHWA Form 1391 - Highway Construction Contractor's Annual EEO Report X
FINALS
11 - 1 Conduct Final Project Inspection . Complete and submit CDOT Form 1212 - Final X X
Acceptance Report (Resident Engineer with mandatory Local Agency participation.)
11 -2 Write Final Project Acceptance Letter X
11 -3 Advertise for Final Settlement X
11 -4 Prepare and Distribute Final As-Constructed Plans X
11 -5 Prepare EEO Certification X
11 -6 Check Final Quantities , Plans and Pay Estimate ; Check Project Documentation ; and submit X
Final Certifications
11 -7 Check Material Documentation and Accept Final Material Certification See Chapter 9 X
11 -8 Obtain CDOT Form 1419 - Contractor DBE Payment Certification from the Contactor and X
submit to the Resident Engineer (Quarterly)
11 -9 Obtain FHWA Form 47 - Statement of Materials and Labor Used . . . from the Contractor NA
11 - 10 Process Final Payment X X
11 - 11 Complete and Submit CDOT Form 950 - Project Closure X
11 - 12 Retain Project Records for Six Years from Date of Project Closure X X
11 - 13 Retain Final Version of Local Agency Contract Administration Checklist X X
cc: CDOT Resident Engineer/Project Manager
CDOT Region Program Engineer
CDOT Region EEO/Civil Rights Specialist
CDOT Region Materials Engineer
CDOT Contracts and Market Analysis Branch
Local Agency Project Manager
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